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Category: Legal
Satisfied Customers: 53570
Experience:  Licensed attorney helping individuals and businesses
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I am an executive staff member of a company that is HQd in

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I am an executive staff member of a company that is HQ'd in San Diego and incorporated in Delaware. I live in IL and am paid as an IL employee. My pay is in excess of $5000 gross every 2 weeks. Compensation payment has been delayed several times since I started on 2/28/12 and the last official pay cycle was June 29th, for which I was paid on July 6th. I have not been paid since July 6th for the July 13th cycle nor the July 27th cycle. Several other executive staff members have not been paid for a longer period of time than I and other members have been paid. Additionally, jr. staff has also been paid, although delayed at times for several days. For the July 27th pay period, junior staff was paid from funds loaned to the company by the President/CEO. What are my rights and what is the best path to take to get my pay. Thank you.
Hello and thank you for the question. I am sorry to read of this dilemma. There are several options in varied degrees of intensity. Individual or group complaint to HR and management is one option. Having a lawyer do so is another. Pursuing a complaint to the labor board is more aggressive. Filing a lawsuit for violation of the fair labor standards act (FLSA) is yet another. You may want to move from one to the next depending on their response. Practically having a lawyer contact them is often sufficient and avoids the court lawsuit. Good luck. Tried to get you a speedy and direct answer. Kindly rate the answer OK or better.
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Customer: replied 4 years ago.

Would IL or CA law pertain to my case for compensation? What is my employer in violation of?

He would be in violation of federal law. FLSA. It would be pursued in federal court where you reside.